South Australian Numbered Acts South Australian Numbered Acts31—Amendment of section 102—Duty to insure against third party risks
(1) Section 102—after subsection (1) insert:
(1a) However, subsection (1) does not apply to a person who drives a motor vehicle other than a heavy vehicle, or causes such a motor vehicle to stand, if the person proves that he or she—
(a) drove the motor vehicle, or caused the motor vehicle to stand, in prescribed circumstances; and
(b) did not know that the motor vehicle was uninsured.
(1b) For the purposes of subsection (1a), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations.
(1c) If a charge of an offence against subsection (1) involves a motor vehicle other than a heavy vehicle and the defendant was not a registered owner or the registered operator of the vehicle, it is a defence to the charge if the defendant proves that he or she did not know, and could not reasonably be expected to have known, that the vehicle was uninsured.
(2) Section 102(2)—after "motor vehicle is" insert:
driven or
(3) Section 102—after subsection (3) insert:
(3aa) It is a defence to a charge of an offence against subsection (2) to prove that—
(a) the vehicle was not driven or left standing on the road by the defendant; and
(b) the defendant had taken reasonable steps to ensure that any person lawfully entitled to use the motor vehicle would have been aware that the vehicle was uninsured.
(4) Section 102(3a)—after "time it was" insert:
driven or
(5) Section 102—after subsection (3b) insert:
(3c) The provisions of Schedule 1 apply to an offence against this section if evidence relating to the offence was obtained through the operation of a photographic detection device.
(3d) A motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (1a) if—
(a) the person is not an owner or the registered operator of the vehicle and he or she is required by his or her employer to drive the vehicle, or to cause the vehicle to stand, in the course of his or her employment; or
(b) the motor vehicle is driven or caused to stand in circumstances declared by the regulations.
(6) Section 102(7), definition of "owner"—after "the vehicle" insert:
, but does not include a person who takes the vehicle on hire